Conservative

LA5: Guns drawn during a stop not per se arrest

FourthAmendment.com - News - Wed, 2024-11-27 11:45

Officers stopped defendant with reasonable suspicion of drugs, and they blocked his car and approached with guns drawn. That was not a per se arrest. State v. Carter, 2012 La. App. LEXIS 769 (La. App. 5 Cir. May 31, 2012):

The vast majority of courts have held that police actions in blocking a suspect’s vehicle and approaching with weapons ready, and even drawn, does not constitute an arrest per se. United States v. Edwards, 53 F.3d 616, 619 (3rd Cir.1995). An investigatory stop necessarily involves an element of force or duress and the temporary restraint of a person's freedom. There is the complete restriction of movement in an investigatory stop, but for a shorter period of time than an arrest. [citing cases] Investigatory stops may be accompanied by features normally associated with an arrest, i.e., use of drawn weapons. An investigatory stop is reasonable even when the police block a vehicle to prevent its occupant from leaving and approach with weapons ready or even drawn. [citing cases] Because an officer's view of a suspect seated in a car is always partially obscured, the officer is at a disadvantage when he approaches the occupant. United States v. Edwards, 53 F.3d 616, 619 (3rd Cir.1995). Furthermore, guns and drugs frequently go hand-in-hand. State v. Warren, 05-2248, p. 18 (La.2/22/07), 949 So.2d 1215, 1229.

The juvenile was found on the street in a high crime area in violation of the curfew. He was patted down and a gun was found in his waistband. His sister testified that he was summoned from his porch and arrested. The juvenile court credited the officer’s version, and that’s the end of it. State in Interest of R.L., 2012 La. App. LEXIS 779 (La. App. 4 Cir. May 30, 2012).*

Attorney: George Zimmerman was confused, fearful

MIAMI — The former neighborhood watch leader charged with fatally shooting Trayvon Martin was confused and fearful when he and his wife misled court officials about their finances during an April bond hearing that allowed him to be released from jail, his attorney said Monday.

Attorney Mark O'Mara wrote on ...

E.D.Tex.: Dog's unproductive alert excluded under F.R.E. 403

FourthAmendment.com - News - Wed, 2024-11-27 11:45

The government proved the “well-trained” drug dog by training and certification and general lack of false positives sufficient for probable cause. However, the fact of an alert to a dresser in defendant’s house where no drugs were present is excluded from trial under F.R.E. 403 as more prejudicial than relevant. United States v. Pierre, 2012 U.S. Dist. LEXIS 76411 (E.D. Tex. May 10, 2012):

Here, the Court finds that any testimony about Bartje's alert on the dresser would confuse the issues and cause Defendant undue prejudice. In this case, the Government must prove that Defendant was involved in the distribution - not merely personal use - of cocaine and marijuana. Based on the testimony presented at the hearing, although Bartje's alert may have been reliable as an indicator that drugs were once present near the dresser, there is nothing about the alert that would show the amount of drugs that once were there, the amount of time that had passed since they were there, or the kind of drugs present. Any probative value Bartje's alert might have is outweighed by the risk that the alert was to an amount or type of drug not a part of the charged conspiracy and for a time period not within the charging indictment. Because the alert cannot define the who, what or when -- and because there is no possibility of examining or cross-examining Bartje as to the who, what or when of the alert -- any testimony about it would confuse the issues and unduly prejudice Defendant.

Alex Calls End to Diplomatic Immunity at Bilderberg

TruthNews.US - News - Wed, 2024-11-27 11:45
Infowars.com | Alex confronts police harrasing protestors, blocking them from crossing the driveway of hotel entrance, but won't do anything to known murders in-side confab.

Bilderberg 2012: guess who’s coming to dinner

TruthNews.US - News - Wed, 2024-11-27 11:45
London Guardian | In Charlie Skelton's latest, a surprise guest slips into Bilderberg, and gets a warm reception from the 'Golden Bullhorn'.

The Bilderberg Exodus

TruthNews.US - News - Wed, 2024-11-27 11:45
Infowars.com | On the final day at Bilderberg 2012 as the global elite were scurrying away Press For Truth captured exclusive footage of Bilderberg Steering Committee member Heather Reisman.

1.6 Trillion Dollars More Debt: Fiscal Conservatives Have Been Raped By The Republican Party

TruthNews.US - News - Wed, 2024-11-27 11:45
The American Dream | What the Republican Party has done to fiscal conservatives over the past year and a half has been a betrayal so vast that it is difficult to find words to describe it.

Thad McCotter to retire from Congress

Hours after the late-night announcement Saturday by Rep. Thad McCotter (R-Mich.) that he will end his write-in bid for renomination and retire from Congress, Republicans from Lansing to Washington began focusing on Michigan’s 11th District and what comes next.

By just about all early reports, the answer is pure chaos.

Six-termer McCotter, who briefly ran for the GOP presidential nomination before deciding to seek re-election, suffered considerable embarrassment two weeks ago when election officials decided his campaign had only filed 244 acceptable signatures on petitions out of the 1000 required to appear on the August primary ballot. As McCotter announced he would try to win the Republican primary as a write-in candidate, the embattled lawmaker’s problems were compounded by the announcement that the state attorney general was investigating possible fraud in the collection of signatures for his petitions.

His abrupt reversal leaves Kerry Bentivolo, Vietnam War veteran and teacher, as the lone candidate on the Republican ballot in the 11th District (Wayne and Oakland Counties). Bentivolo, who also raises reindeer, is a Ron Paul supporter who wants to abolish the federal income tax.

But GOP leaders are likely to search for another candidate who, under state election law, would have to win nomination through write-ins or stickers placed on the ballot (which, contrary to several published reports, are legal in Michigan).  Former State Sen. Loren Bennett announced yesterday he is running, and that he has 100 volunteers to help him.

One source who requested anonymity told HUMAN EVENTS that former state legislator and stalwart conservative Rocky Raczkowski, who narrowly lost a race against Democratic Rep. Gary Peters, was seriously exploring a write-in bid in the 11th. Raczkowski, whose Oakland County home is now in the 11th, was a co-chairman of McCotter’s campaign this year.

Another Oakland County GOPer who is also reportedly considering becoming a write-in candidate, the same source said, is conservative State Sen. Mike Kowall.  Earlier this year, Kowall became a candidate in the 11th District after McCotter declared for president.  When McCotter decided to run for re-election, Kowall remained in the race and pointed out that he disagreed with the congressman on his stances in favor of Davis-Bacon legislation and organized labor’s cherished “card check” proposal.  But Kowall eventually deferred to McCotter.

Still another GOP prospect is attorney David Trott, who reportedly came close to challenging McCotter this year.  Trott is considered likely to use his own vast wealth if he chooses to run.

So no one really knows what will happen in the Republican primary August 11.  For his part, McCotter will be remembered by those who reported on him for his love of history and the works of thinkers such as Russell Kirk, his unapologetic chain-smoking and passion for rock music.  Simply put, he was a true American original in Congress.

Politics and more at play in painful job numbers

Just when the American economy was looking like a global bright spot, a spate of bad news last week showed that the U.S. also has succumbed to a major slowdown — sending President Obama and his team scrambling to explain Friday's disappointing unemployment numbers.

"Nobody is happy with the rate ...

Elizabeth Warren Doubles Down – Says She Will Be MA’s First Native American Senator

Good grief. Democrat Elizabeth Warren told reporters this weekend that if elected she would be the first Native American Senator from Massachusetts.

Cherokee Indians dispute her claims. They set up a website demanding the truth from Elizabeth Warren on her phony Indian ancestry. Although she claimed to be Native American when she was hired at Harvard there are no Native Americans in Elizabeth Warren’s genealogy.

A grim jobs report for America

You would think $1 trillion in spending stimulus and $2.5 trillion of Fed pump-priming would produce an economy a whole lot stronger than 1.9 percent gross domestic product, which was the revised first-quarter number. And you’d think all that government spending would deliver a whole lot more jobs than 69,000 in May.

But it hasn’t happened.

The Keynesian government-spending model has proven a complete failure. It’s the Obama model. And it has produced such an anemic recovery that, frankly, at 2 percent growth, we’re back on the front end of a potential recession. If anything goes wrong — like another blow-up in Europe — there’s no safety margin to stop a new recession.

And that brings us to the grim May employment report, which generated only 69,000 nonfarm payrolls. It’s the third consecutive subpar tally, replete with downward revisions for the two prior months. It’s a devastating number for the American economy and a catastrophic number for Obama’s re-election hopes. All momentum on jobs and the economy has evaporated.

Inside the May report, the data is just as bad. The unemployment rate rose slightly from 8.1 to 8.2 percent. The so called U6 unemployment rate, tracking the marginally employed or completely discouraged, increased to 14.8 percent from 14.5 percent. And labor earnings are barely rising at 1.7 percent over the past year, almost in line with the inflation rate. In fact, through April, after-tax, after-inflation income is scarcely rising at 0.6 percent for the past year.

The private workweek also fell in May. So did the manufacturing workweek and aggregate hours worked for all employees. The small-business household survey did rise, but that follows declines in the prior two months.

Barack Obama doesn’t get this, but businesses create jobs. And firms have to be profitable in order to hire. Yet the president is on the campaign trail criticizing Mitt Romney by degrading the importance of profits. Huh?

Without profits, businesses can’t expand. And if they don’t expand, they can’t hire. And if they don’t have profitable rates of return, they’re not going to attract new capital for investment.

Which brings us to a couple of important reasons for the virtual freeze in hiring.

First, there’s the fiscal tax cliff. If all the Bush tax rates go up, incentives will go down and liquidity will leave the system. You can’t pick up a newspaper these days and not find a story about how the fiscal cliff is elevating uncertainty and slowing U.S. growth. House Speaker John Boehner asked Obama for help in extending the Bush tax cuts this summer. But Obama said no. Instead, he wants to raise marginal tax rates on successful upper-income earners, capital gains, dividends, estates and many successful corporations.

Where’s the corporate tax reform that would lower rates and broaden the base and end the double-taxation of the overseas profits of American companies? A business tax cut would help enormously, but it’s nowhere in sight. Neither is the Keystone Pipeline, which is a surefire job-creator. Obama’s too busy trashing Bain Capital profits and Romney’s business career, both of which, by the way, have recently been praised by former president Bill Clinton. (It was Clinton, you might recall, who lowered investment taxes and presided over an economic boom.)

A second uncertainty facing businesses is the Supreme Court decision on Obamacare due in a few weeks. If all those crazy tax-and-regulation mandates are deemed unconstitutional, it’s Katy bar the door as businesses put profits to work and hire. But they’re not going to move until they see that court decision.

Then there’s the whole European mess with the threat of banking contagion from Spain, Greece and Italy. That could blow up the whole world economy if it goes completely sour. The Europeans should guarantee all bank deposits, interbank loans and bank debt until this story is straightened out. But they’re not. So the problem festers.

And now European companies are withdrawing money from local banks and investing in dollars (especially through Treasury bonds that are yielding an incredibly low 1.5 percent). But the rapid rise of King Dollar is generating commodity deflation, which is a deterrent to manufacturing production. According to the May ISM report, manufacturing is slowing.

The Fed may yet launch a new quantitative easing to stop commodity deflation and accommodate the gigantic worldwide dollar demand. But the merits of this move are dubious. On the other hand, an extension of the Bush tax cuts right now would stop the economic and job slide and re-establish certainty.

In fact, all the countries around the world should move to the supply side with lower tax rates to spur economic-growth incentives. Europe, China and Latin America ought to go back and read Ronald Reagan’s speeches and examine his actions when he faced a similar crisis 30 years ago. It would be an hour or two well spent.

Is texting harming the art of interaction?

CHICAGO — Anna Schiferl hadn't even rolled out of bed when she reached for her cellphone and typed a text to her mom one recent Saturday. Mom was right downstairs in the kitchen. The text? Anna wanted cinnamon rolls for breakfast.

Soon after, the 13-year-old could hear Mom's voice echoing ...

WILLIAMS: Old phony regulations crimp financial innovations

ANALYSIS/OPINION:

Have you ever stopped to think about how the breakup of AT&T revolutionized the information and communications technology market? Most people probably haven't, but in 1984, the end of the regulated monopoly ushered in an era of unprecedented competition and innovation.

For those not familiar with the story, AT&T ...

Zimmerman back in custody after bail is revoked

MIAMI — George Zimmerman, the neighborhood watch volunteer charged with murder in the killing of Trayvon Martin, surrendered to police Sunday and was booked into jail after having his bail revoked two days earlier.

Mr. Zimmerman's legal team said in a tweet that he was in police custody. Mr. Zimmerman's ...

American Scene: After stop at airport, shuttle goes to sea

NEW YORK

NEW YORK — The prototype space shuttle that arrived in New York City by air earlier this spring is on the move again, this time by sea.

The Enterprise had been parked at John F. Kennedy International Airport since it flew from Washington to New York atop a ...

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